Serena had a way of construing the most harmlessly neutral acts as provocations.
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Unlike Justice Antonin Scalia, Gorsuch believes in strictly construing limits on federal and presidential authority.
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This is, of course, just another way of construing the novel's themes of imagination and madness.
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When construing the Constitution, this means they should apply the original, actual meaning of the document.
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State courts, robustly construing their state constitutions, can still protect our fundamental right to a fair democracy.
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I think the DOJ is incorrectly construing those policies to claim cities are running afoul of the law.
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Trump's surrogates said the Republican nominee's comments were taken out of context, and blamed the media for construing his words.
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That view has not been consistent among courts, and the Department of Justice emphasized decisions narrowly construing anti-bias law.
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"Auer deference retains an important role in construing agency regulations," wrote Justice Elena Kagan, who delivered the opinion of the court.
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No acceptable theory for construing the Constitution can invalidate the court's conclusion in Brown; the conclusion invalidates any theory that rejects it.
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Across the ideological spectrum, judges also routinely look to the goals and objectives of the Constitution itself in construing its ambiguous language.
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In other words, Rosenstein took out a legal insurance policy by first broadly defining Mueller's mandate with Manafort, and then narrowly construing the mandate with Cohen.
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Roberts' approach ignores -- in fact, rejects -- the continuing relevance of the Civil War and the history of the Confederate States in construing those Civil War Amendment guarantees.
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Wade, hostile to the rights of employees and racial minorities, willing to uphold restrictions on the right to vote, and construing the powers of the federal government too narrowly.
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And this kind of balancing has produced a dizzying web of tests and considerations that courts must take into account in construing the term "abridging" under the First Amendment.
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Thus, according to the Court of Appeals as long as Goodell was "even arguably construing or applying the contract and acting within the scope of his authority," his decision should stand.
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In 1889, a group of black community leaders in Baltimore calling themselves the Brotherhood of Liberty published "Justice and Jurisprudence," the first sustained critique of Supreme Court rulings construing the amendments.
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"Today's decision is simply the latest in a string of our cases construing the Public Use Clause to be a virtual nullity, without the slightest nod to its original meaning," Thomas fumed.
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Construing campaign rhetoric as evidence for the motivation behind positions taken as president could unconstitutionally discourage candidates from saying controversial things, Judge Kozinski argued, and should be out of bounds in court.
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But when a white-hulled Chinese coast guard cutter violates Indonesian territorial waters or harasses Japanese fishing boats, Beijing can spin the optics in its favor, construing strategic jockeying as maritime law enforcement.
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In addition, the idea of proposing the wholesale use of these drugs for any and all mental disorders and thereby construing mental illness as a unitary continuum of conditions is simplistic and misleading.
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Justice Department lawyers contend that Judge Peter J. Messitte of United States District Court in Greenbelt, Md., has wrongly interpreted the meaning of the emoluments clauses, construing the bans against corruption far too broadly.
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They follow the official GDP figures in construing refundable tax credits as government spending — equivalent to Medicare mailing a reimbursement to a doctor, Social Security sending a check to a retiree — rather than negative taxes.
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The two victims' fathers were able to persuade Judge Bonadio to reopen the complaint by construing new related evidence against Mr. Timerman as a treason case, said Tomás J. Farini Duggan, a lawyer for the fathers.
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But his tweet promoting the article engages in a common, but aggravating, rhetorical framing of the issue by construing a move to allow transit-oriented development as being an effort to "force" people out of their cars.
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Stock markets in particular rose dramatically last week after construing remarks by Fed chair Jerome Powell to mean that the central bank may be nearer than thought to pausing the cycle of rate increases it began in late 2015.
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No matter how much Republicans insist publicly they can chew gum and walk at the same time, construing they are effectively legislating has become harder and harder as a steady stream of bombshells have come from the White House.
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As Konstantin Kakaes writes in MIT Tech Review: By narrowly construing privacy to be almost exclusively about end-to-end encryption that would prevent a would-be eavesdropper from intercepting communications, he manages to avoid having to think about Facebook's weaknesses and missteps.
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Trump Lawyers do not devote countless hours to construing the fine print of the law in a very particular way to prevent prosecution, as John Yoo, a lawyer in President George W. Bush's Justice Department, did when he drafted the legal guidelines for the administration's interrogation techniques.
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Dehumanization, therefore, can enable violence and other forms of aggression in the following way: given our strong aversion to harming other humans, construing an out-group as lacking emotion or reason means that aggression toward that out-group does not constitute harm any more than slamming a notebook on a table does.
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I see several federal crimes that could apply to the facts as we now know them: (1) conspiracy to solicit, accept or receive a campaign contribution or donation -- the hacked emails, which held significant value, being the contribution or donation -- from a foreign national; (2) conspiracy to engage in computer hacking -- construing the conspiracy broadly to include dissemination of the hacked emails, following the model from Mueller's Russian intelligence indictment and (22018) conspiracy to defraud the United States, under the same theory Mueller used to charge Russian social media trolls and Russian intelligence agents who hacked the DNC and other Clinton-related emails in the first place.
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In taking this position on the active role of grammar in construing "reality", Halliday was influenced by Whorf.
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French law breaks with Roman law by construing a usufruct as not a servitude but rather a possessory interest.
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But even if it is construing ambiguous legislation, one takes into account that we are not going to be in disconformity with our international obligations unless it is clear.
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1831 pp. His co- authored book, with Michael Halliday, Construing Experience through Meaning: A language based approach to cognition shows how to construe a linguistic/semiotic approach to cognition without invoking pre-linguistic mental fictions.
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Greenwich, CT: JAI Press.Burr, V. (1992). Construing relationships: Some thoughts on PCP and discourse. In A. Thompson & P. Cummins (Eds.), European perspectives in personal construct psychology: Selected papers from the inaugural conference of the EPCA (pp. 22–35).
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Nikolai Mikhaylovsky reviewed the In Twilight collection negatively, expressing his dissatisfaction with what he saw as 'uncertain' finales in some of Chekhov's stories, "Agafya", in particular, construing this as a sign of the author's "indifference towards his characters".
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Justice Brennan, with Justice Marshall concurring, first questioned the majority's broad interpretation of crimes against nature. > Of particular significance for this case, as the Court of Appeals accurately > stated, "courts have differed widely [423 U.S. 48, 54] in construing the > reach of 'crimes against nature' to cunnilingus".
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Arthur Hughes. In many parts of Europe, including England and France, the Biblically-derived right to glean the fields was reserved for the poor; a right, enforceable by law, that continued in parts of Europe into modern times.Vardi, Liana. "Construing the Harvest: Gleaners, Farmers, and Officials in Early Modern France".
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Aaron v. SEC, 446 U.S. 680, 691 (1980) (government actions). On the other hand, the Supreme Court followed Texas Gulf Sulphur in broadly construing the "in construction with" element. In addition, the Court endorsed Texas Gulf Sulphur's “probability-magnitude test” as a factor for determining materiality in Basic, Inc. v.
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The majority also found that the disposal of the electric energy generated pursuant to the provisions of the contracts at issue was lawful.Ashwander, 297 U.S. at 330-40 (construing U.S. Constitution Article IV, Section 3) Thus, the judgment in Ashwander, in which Justice Brandeis concurred, ultimately did not avoid a constitutional issue.
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In Gillespie Bros v Roy Bowles Ltd Lord Denning remarked,[1973] 1 QB 400, 415 > judges have… time after time, sanctioned a departure from the ordinary > meaning. They have done it under the guise of ‘construing’ the clause. They > assume that the party cannot have intended anything so unreasonable. So they > construe the clause ‘strictly’.
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Thomas further argued that even if the postal exception was ambiguous, any such ambiguity as to the scope of the Government's waiver of immunity should be resolved in its favor. Thomas believed the majority erred in failing to apply this rule just because it was construing an exception to waiver rather than waiver itself.
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Sentences can be ambiguous between different ways of construing scope, or there may be a determinate construal which does not match the spoken word order. Scope is a major concern of research in semantics, with an eye towards explaining which scope readings exist for different sentence types and how semantic scope relates to syntactic structure.
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The facts of a case are central to every step in the IRAC. It is from the facts that the issues are identified. It is the facts that lead to the identification of the most appropriate rules, and the rules which lead to the most useful way of construing the facts. Analysis requires the interpretation of facts and rules.
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Beijing: Higher Education Press.Halliday, M.A.K. & Christian M.I.M. Matthiessen (2006) Construing experience through meaning: a language-based approach to cognition. London: Continuum Since 2008 he has been a professor in the Department of English at the Hong Kong Polytechnic University.Staff page, HK Polytechnic University Before this, he was Chair of the Department of Linguistics at Macquarie University in Sydney.
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These are the basic terms that the client uses to make sense of the elements, and are always expressed as a contrast. Thus the meaning of "good" depends on whether you intend to say "good versus poor", as if you were construing a theatrical performance, or "good versus evil", as if you were construing the moral or ontological status of some more fundamental experience. # A set of ratings of elements on constructs. Each element is positioned between the two extremes of the construct using a 5- or 7-point rating scale system; this is done repeatedly for all the constructs that apply; and thus its meaning to the client is modeled, and statistical analysis varying from simple counting, to more complex multivariate analysis of meaning, is made possible.
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The Court began with a recitation of the relevant factual and procedural background, noting several times that the conduct at issue could have been prosecuted under different Minnesota statutes.505 U.S. at 379–380, N.1. In construing the ordinance, the Court recognized that it was bound by the construction given by the Minnesota Supreme Court.505 U.S. at 381.
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Kelly did not use the concept of the unconscious; instead, he proposed the notion of "levels of awareness" to explain why people did what they did. He identified "construing" as the highest level and "preverbal" as the lowest level of awareness. Some psychologists have suggested that PCT is not a psychological theory but a metatheory because it is a theory about theories.
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Thio, p. 791, para. 14.097. The proposal is supported by the view of Professor Tan Yock Lin that when construing section 3(1)(e) in the light of the preceding four limbs, it could only have been intended to embody one of the many forms of seditious libel and must be construed so as to require proof of defiance of constituted authority.
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The House of Lords held that the words used did not fall under s 13, because they were merely labelling which vessel was involved. In the course of the decision, Lord Wilberforce stated that in construing a contract, the Court must, The hull number and yard had no particular significance. The description needs to focus on the goods not excessively technical arguments.
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The case could not be distinguished from that of Honner v. Henning, 93 U. S. 228, the reasoning and result in which was reaffirmed. It is immaterial that in this case it does not appear that there are other creditors than the plaintiffs in error. There can be but one rule for construing the section, whether the creditors be one or many.
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Rorty's notion of human rights is grounded on the notion of sentimentality. He contended that throughout history humans have devised various means of construing certain groups of individuals as inhuman or subhuman. Thinking in rationalist (foundationalist) terms will not solve this problem, he claimed. Rorty advocated the creation of a culture of global human rights in order to stop violations from happening through a sentimental education.
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On August 7, 2006, the Court issued a Markman order construing the patent claims disputed by the parties. The meaning of the claims adopted by the court were, almost without exception, favorable to Konami, and a settlement of the litigation was announced on October 23, 2006. As a result of the settlement, Roxor Games transferred the intellectual property rights for In the Groove to Konami.
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927, 939, 2004. United States Supreme Court decision strictly construing the federal perjury statute. Chief Justice Warren Burger wrote for a unanimous Court that responses to questions made under oath that relayed truthful information in and of themselves but were intended to mislead or evade the examiner could not be prosecuted. Instead, the criminal-justice system had to rely on more carefully worded follow-up questions.
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The court pointed out that the phrase "actual physical control" does not appear anywhere in the drunk driving offense statutes. Further, the court noted that since "driver" is defined as one who drives or is in actual physical control, the two terms (drive vs. actual physical control) must have different meanings. Construing these penal statutes strictly, rather than broadly, as is required by Keeler v.
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Wright, 468 U.S. 737, 752 (quoting Chicago & Grand Trunk R.R. v. Wellman, 143 U.S. 339, 345 (1892) and Flast v. Cohen, 392 U.S. 83, 97 (1968)); see David Logan, "Standing to Sue: A Proposed Separation of Powers Analysis," 1984 Wisconsin Law Review 37 (1984) (arguing that standing requirements are applied more stringently to constitutional claims). Cases construing the prudential component of the standing doctrine have relied on the avoidance doctrine.
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The major differences largely hinge upon views of how to regard and approach scripture ("Theology of Scripture"), as well as construing its broader world-view implications. While most conservative evangelicals believe the label has broadened too much beyond its more limiting traditional distinctives, this trend is nonetheless strong enough to create significant ambiguity in the term.George Marsden Understanding Fundamentalism and Evangelicalism Eerdmans, 1991. As a result, the dichotomy between "evangelical" vs.
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Therefore, the therapist could never be completely "objective" in construing his or her client's world. The effective therapist was, however, one who construed the patient's material at a high level of abstraction within the patient's (as opposed to the therapist's) system of construction. The therapist could then comprehend the ways in which the patient saw the world that were disordered and help the patient to change his or her maladaptive constructs.
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The Community Charter of the Fundamental Social Rights of Workers (9 December 1989) is a principles-based charter of human rights that apply specifically to the workforce in the European Union. It is used as an interpretative aid by the Court of Justice of the European Union in construing the meaning of legislation and developing case law. It was initially drafted in 1989. All member states have adopted the text.
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The major differences largely hinge upon views of how to regard and approach scripture ("Theology of Scripture"), as well as construing its broader world-view implications. While most conservative Evangelicals believe the label has broadened too much beyond its more limiting traditional distinctives, this trend is nonetheless strong enough to create significant ambiguity in the term.George Marsden Understanding Fundamentalism and Evangelicalism Eerdmans, 1991. As a result, the dichotomy between "evangelical" vs.
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This can be discerned by the fact that East Germany retained the 1896 German civil code until 1976 while Poland used existing Austrian, French, German and Russian civil codes until its adoption of its own civil code in 1964. Scholar John Quigley wrote that "[s]ocialist law retains the inquisitorial style of trial, law-creation predominantly by legislatures rather than courts, and a significant role for legal scholarship in construing codes".
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It creates a significant alternative to the dominant representations of blacks in the theatre during its era. As the first show with an entirely African-American cast, In Dahomey is said to have been met with hostility. One New York Times report responded to the show by construing it as the initiation of a potential race war, signifying the level of anxiety possessed around the mobility of blacks during the era.
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Senator Joseph McCarthy In the 1950s in the United States, open homosexuality was taboo. Legislatures in every state had passed laws against homosexual behavior well before this, most notably anti-sodomy laws. Many politicians treated the homosexual as a symbol of antinationalism, construing masculinity as patriotism and marking the "unmasculine" homosexual as a threat to national security. This perceived connection between homosexuality and antinationalism was present in Nazi Germany and Soviet RussiaHealey, Dan.
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However, a court will attempt to give effect to commercial contracts where possible, by construing a reasonable construction of the contract.Hillas and Co. Ltd. v. Arcos Ltd. (1932) 147 LT 503 In New South Wales, even if there is uncertainty or incompleteness in a contract, the contract may still be binding on the parties if there is a sufficiently certain and complete clause requiring the parties to undergo arbitration, negotiation or mediation.
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The certainties of subject matter and objects allow the court to administer trust when the trustees fail to do so. The court determines whether there is sufficient certainty by construing the words used in the trust instrument. These words are construed objectively in their "reasonable meaning", within the context of the entire instrument. Despite intention being integral to express trusts, the court will try not to let trusts fail for the lack of certainty.
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"They are a sub-standard jam," the court said. "They are not imitation fruit jam." In construing the Food, Drug, and Cosmetic Act, the court considered the legislative history of the FDCA, and determined that "its purpose was not confined to a requirement of truthful and informative labeling," but rather that Congress intended to forbid deviation, labels notwithstanding, where the Administrator had prescribed "a definition and standard of identity" for a food.62 Cases, 183 F.2d at 1017.
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The Court, minus Justice Todd who was absent, unanimously affirmed Justice Marshall's judgment in the district court. The opinion was authored by Justice Washington. The court held, first, that the statute plainly did not exempt infringers from damages for a continuing infringement after the patent was renewed,13 U.S. at 202. and second, that any hardship caused by this result could not justify construing the statute in a way that would be at odds with its plain meaning.
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De Beauvoir described three main types of women acting in bad faith: the Narcissist who denies her freedom by construing herself as a desirable object; the Mystic, who invests her freedom in an absolute; and the Woman in Love, who submerges her identity in that of her male object.Reynolds, p. 143 She also considered what she called the Serious Man, who subordinated himself to some outside cause, to be in bad faith inasmuch as he denies his own freedom.Reynolds, p.
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Late Rorty and Jürgen Habermas are closer to Continental thought. Neopragmatist thinkers who are more loyal to classical pragmatism include Sidney Hook and Susan Haack (known for the theory of foundherentism). Many pragmatist ideas (especially those of Peirce) find a natural expression in the decision-theoretic reconstruction of epistemology pursued in the work of Isaac Levi. Nicholas Rescher advocates his version of methodological pragmatism, based on construing pragmatic efficacy not as a replacement for truths but as a means to its evidentiation.
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" In her view, Eliot's prioritisation of "observation rather than imagination... inexorable analysis rather than sensibility, passion or fantasy" means that she should not be held amongst the first ranks of novelists. (Reprinted from Swinden, Patrick, ed. [1972], pp. 56–60). The German philosopher Friedrich Nietzsche, who read Middlemarch in a translation owned by his mother and sister, derided the novel for construing suffering as a means of expiating the debt of sin, which he found characteristic of "little moralistic females à la Eliot.
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TMT and Oceanbulk had reached a written settlement agreement after a dispute in a series of freight forward contracts, but then disagreed about what the settlement meant as well. They had been in "without prejudice" negotiations. TMT argued that as an exception to the rule excluding "without prejudice" negotiations from consideration of construing the settlement agreement, they could be taken into account if they would ordinarily be admissible as part of the factual matrix or circumstances in construction of an agreement.
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Recodification refers to a process where existing codified statutes are reformatted and rewritten into a new codified structure. This is often necessary as, over time, the legislative process of amending statutes and the legal process of construing statutes by nature over time results in a code that contains archaic terms, superseded text, and redundant or conflicting statutes. Due to the size of a typical government code, the legislative process of recodification of a code can often take a decade or longer.
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The Court further noted that the returning veteran was "to gain by his service for his country an advantage which the law withheld from those who stayed behind." The holding, requiring that legislation providing protections to uniformed service members be "liberally construed," is affirmatively followed by courts and the Department of Labor in construing USERRA today. At the end of World War II, a federal court in the State of Washington decided a case similar to Fishgold. In Niemiec v.
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It was the first comprehensive Qur'anic exegesis (tafsir) written in the Indonesian, which attempted at construing Islamic principles within the Malay-Minangkabau culture. Harun Nasution was a pioneering scholar adhered to the humanist and rationalist perspectives in Indonesian intellectual landscape, advocating for a position described as neo-Mutazilite.Saleh, Modern Trends in Islamic Theological Discourse in 20th Century Indonesia pp.230,233 Nurcholish Madjid (Cak Nur) was a highly influential scholar who is credited for cultivating the modernist and reformist discourse, influenced largely by Pakistani Islamic philosopher Fazlur Rahman.
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The Corps issued regulations construing the Act to cover all "freshwater wetlands" that are adjacent to other covered waters. These regulations defined the adjacent wetlands as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions." Riverside Bayview Homes, Inc., began placing fill materials on its property near the shores of Lake St. Clair, Michigan.
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Rebranding can also lead to confusion. In such cases, there may be a lengthy period during which the property is known by both names. A common example is Willis Tower in Chicago which was and often still is referred to as the "Sears Tower", even though the building was sold some time ago. Sporting events such as the FIFA World Cup, UEFA Euro, Olympic Games and the Paralympic Games prohibit the use of corporate-sponsored name on stadiums, construing the practice as a form of ambush marketing.
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L'Esilio (Exile) Before the prison Alamiro and his friends lament the fate of Belisarius, whose eyes have been put out by his enemies, falsely construing and disobeying the commands of the emperor. Alamiro swears vengeance (Aria: Trema, Bisanzio! sterminatrice, Su te la guerra discenderà / "Tremble, murderous Byzantium, war shall descend upon thee"). Irene clad as a youth arrives to act as guide to her father, who is about to be released from prison (Duet: Oh tu, che della eterna, orribil notte /"Oh thou, who in terrible darkness").
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Macken-Horarik went on to complete her PhD at the University of Sydney in 1996, under the supervision of James Martin. Her thesis was titled 'Construing the invisible: specialized literacy practices in junior secondary English'. Since obtaining her PhD degree, Macken-Horarik has worked as a teacher linguist and a teacher educator at several Australian universities. She has been a recipient of two highly prestigious Australian Research Council (ARC) awards, most recently leading a Discovery Research Project investigating the character of a grammatics that is ‘good enough’ for school subject English.
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The United States acquiesces in the judgment in respect to the first of these claims, but contends that the Act of July 14, 1870, imposed a tax upon interest coupons that were paid out of the corporation earnings for 1871, although such payment was not due nor made until January 1, 1872. This question depends upon the construction of § 15 of the act of 1870, which provides: In construing this section in Railroad Co. v. United States, 101 U. S. 550, the Court said: The judgment was affirmed.
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The importance and significance of the liberal interpretation provision under Proposition 218 can be traced to prior adverse judicial interpretations of Proposition 13 strictly construing important provisions of that initiative measure. In two leading cases in 1982, the California Supreme Court, headed by controversial Chief Justice Rose Bird, formulated and applied a special rule of interpretation applicable only to Proposition 13 that strictly construed the circumstances in which local governments must get two-thirds voter approval to approve local tax increases.Los Angeles County Transportation Commission v. Richmond, 31 Cal.
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However, in Ahmedabad, given the lack of availability of building footprint data at the time of the study, the method deviated by construing POIs as centroids of a 1 km2 grid. Given that the purpose of the study was to explore implications of PTAL at a macro-scale (i.e., development/ master plan level – the study area being 465 km2) and the data constraints, the grid-cell approach seemed justified (comparison for which is discussed in the section on Surat application). In addition, it made the computations much faster.
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Even though it was accepted that the shipper had been verbally informed that the vessel might make passage to Glasgow, this evidence was not admissible, because the parol evidence rule prevents recourse to extraneous evidence when construing a written document. Using the criteria of differential bargaining strength of the parties, whereby the carrier is usually deemed to have greater bargaining power than the shipper, note that the parol evidence rule may be relaxed if a shipper seeks to rely on any verbal promises of the carrier (rather than vice versa, as in Leduc v Ward) .
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The term pea originates from the Latin word pisum, which is the latinisation of the Greek πίσον (pison), neuter of πίσος (pisos) "pea".πίσος, Henry George Liddell, Robert Scott, A Greek-English Lexicon, on Perseus Digital Library It was adopted into English as the noun pease (plural peasen), as in pease pudding. However, by analogy with other plurals ending in -s, speakers began construing pease as a plural and constructing the singular form by dropping the -s, giving the term pea. This process is known as back- formation.
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There, under the influence of a charismatic headmaster, the Revd William Bell, he began to read voraciously and to succeed academically. Other students came seeking his help in translating passages from their classical studies; they soon gave him the nickname "Homer" on account of his quickness at construing. In November 1857, he took the King's Scholarship examination for admission to Durham Grammar School, located seventy miles away. As his Carlisle teachers had not prepared him for translation of Latin verse, he left a portion of the exam unanswered and felt certain he had failed.
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As a theory, judicial populism holds that the law emanates from some kind of collective general will. It is founded on democratic and participatory theory wherein the people or at least their elected representatives get to decide policy, the state's developmental path, and the administration of justice. Larry Kramer, for instance, argued that the people do not only share in construing the Constitution but also render the final judgment concerning its meaning. The concept is also a basis of the Chinese legal tradition established during the Maoist-era and its modern revival.
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Frequently the language used in a will is not sufficiently clear and unambiguous for the executor to determine what interests in property are disposed of, or who the beneficiaries are. In such a case, it is necessary for the court to interpret the will. As stated before, the cardinal principle in construing a will is to ascertain from a consideration of it in its entirety the intention of the testator. In order to ascertain this intention, where the will is ambiguous, recourse is had to certain presumptions and canons of construction which have long been accepted in the interpretation of wills.
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Kohout was interned in the Sachsenhausen concentration camp in January 1940 after having served a six-month sentence. In May 1940, Kohout was transferred from Sachsenhausen to Flossenbürg, in Bavaria, where he remained until his liberation in 1945. He reported that homosexual prisoners were the most reviled of all the camp's detainees, and prevented from mutual association. Though the SS guards controlling the camp prevented the homosexual prisoners from associating with one another, sex between straight guards and gay prisoners nonetheless took place, with the guards construing such encounters as a "natural" expression of their "normal" sexuality in unusual circumstances.
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A majority of the justices had disposed of the case in a per curiam decision, citing the ruling in Federal Baseball Club v. National League, 259 U.S. 200 (1922). Citing extensive statistics about the farm system, broadcasting revenues, and national advertising campaigns, Burton concluded it was unreasonable to claim that major league baseball was not engaged in interstate commerce. He strongly criticized the majority for incorrectly construing Federal Baseball Club, and said the majority was wrong to assumed that because the Sherman Antitrust Act did not explicitly cover baseball that baseball was intended to be exempt.
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Beginning in 1994, Congress began to cap the total amount of funds that could be used for IDEAA contracts. This amount was insufficient to cover the contracts with all Indian tribes, but was sufficient to cover each individual contract that was entered into by BIA. The court noted that when construing a statute dealing with Indian tribes, the statute is to be construed to the favor of the tribe over the more general canon requiring deference to agency determinations. The court then held that since there were sufficient funds to pay each individual contract in full, the government was obligated to do so.
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Malise Ruthven, Construing Islam as a Language, The Independent 8 September 1990. "Nevertheless there is what might be called a political problem affecting the Muslim world. In contrast to the heirs of some other non-Western traditions, including Hinduism, Shintoism and Buddhism, Islamic societies seem to have found it particularly hard to institutionalise divergences politically: authoritarian government, not to say Islamo-fascism, is the rule rather than the exception from Morocco to Pakistan.". Ruthven doubts that he himself coined the term, stating that the attribution to him is probably due to the fact that internet search engines don't go back beyond 1990..
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Finally, Section Two grants to the House of Representatives the sole power of impeachment. Although the Supreme Court has not had an occasion to interpret this specific provision, the Court has suggested that the grant to the House of the "sole" power of impeachment makes the House the exclusive interpreter of what constitutes an impeachable offense.Cf. Nixon v. United States, 506 U.S. 224 (1993) (construing the Senate's "sole power" to "try all impeachments" to mean that the Senate's impeachment procedures are left to its discretion and concluding generally that Congress's impeachment powers are outside judicial review).
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Moral disengagement is a term from social psychology for the process of convincing the self that ethical standards do not apply to oneself in a particular context. This is done by separating moral reactions from inhumane conduct and disabling the mechanism of self-condemnation. Thus, moral disengagement involves a process of cognitive re-construing or re-framing of destructive behavior as being morally acceptable without changing the behavior or the moral standards. In social cognitive theory of morality, self- regulatory mechanisms embedded in moral standards and self-sanctions translate moral reasoning into actions, and, as a result, moral agency is exerted.
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Further, in construing the words "highest value" the jurists included what is called "damnum emergens," loss due to extrinsic circumstances, and "lucrum cessans", profit which the fact prevented the owner from making. The killing of one horse of a pair, of one of a troupe of actors, are instances of the first, as the loss was greater than the value of the thing as a single thing. The second is illustrated by loss of a hereditas on which the slave would have entered. But it must be a material loss: value of affection was not taken into account.
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The Pleading in English Act 1362 sought to replace French with English for all pleas in courts. The Mercers' Petition to Parliament of 1386 is the oldest piece of parliamentary English; the earliest English wills at the London Court of Probate date from 1387; the earliest English returns of the ordinances, usages, holdings of the gilds are from 1389 and come from London, Norwich and King's Lynn.Cottle, pp. 17–18. John Trevisa, writing in 1385, noted that: "...in all the grammar schools of England children are dropping French and construing and learning in English...Also gentlemen have now largely stopped teaching their children French".
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And in 2014, Ulster completed the complete reconstruction of Ravenhill Stadium into a modern 18,000 capacity stadium. Munster are currently in the process of construing a new stand at their secondary home of Musgrave Park. Before the opening of Aviva Stadium, Ireland international games sold out against all but the weakest opposition, and with the team playing at Croke Park during the reconstruction of Lansdowne Road, attendances regularly topped 80,000. However, the Aviva saw disappointing attendance during its first Tests in 2010, with no match selling out; media reports indicated that this was largely due to an IRFU ticketing strategy that made little sense in an uncertain economy.
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In summary, his view is that universals in music are not a matter of specific musical structure or function—but of basic human cognitive and social processes construing and adapting to the real world. One aspect of music is tuning, and recent work has shown that many musical traditions' tuning's notes align with their dominant instrument's timbre's partials and fall on the tuning continuum of the syntonic temperament, suggesting that tunings of the syntonic temperament (and closely related temperaments) may be a potential universal, thus explaining some of the variation among musical cultures (specifically and exclusively with regard to tuning and timbre) and the limits on that variation.
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See also Toril (1994:5). Other scholars have interpreted the ᛟ as indicative of a feminine ending: Johnsen (1971) translates "the holy relic (= the [altar] ring) of Gutaniō"; Krogmann (1978), reading ᛗ /m/ for ᚹᛁ /wi/, translates "dedicated to the Gothic Mothers (= female guardian spirits of the Goths)"; Antonsen (2002) translates "Sacrosanct of Gothic women/female warriors".Johnsen (1971), Krogmann (1978), Antonsen (2002); referenced in Runenprojekt Kiel. See also MacLeod (2006:174) Construing the damaged rune as ᛋ /s/, Looijenga (1997) reads: : gutanīs wī[h] hailag She comments that gutanīs should be understood as an early form of Gothic gutaneis, "Gothic", and wī[h] as early Gothic weih, "sanctuary".
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However, a court will attempt to give effect to commercial contracts where possible, by construing a reasonable construction of the contract.Hillas and Co Ltd v Arcos Ltd (1932) 147 LT 503 Courts may also look to external standards, which are either mentioned explicitly in the contractWhitlock v Brew (1968) 118 CLR 445 or implied by common practice in a certain field.Three Rivers Trading Co Ltd v Gwinear & District Farmers Ltd (1967) 111 Sol. J. 831 In addition, the court may also imply a term; if price is excluded, the court may imply a reasonable price, with the exception of land, and second-hand goods, which are unique.
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It brings pronounced energy and warmth, but reduces the predominance of the subject matter in its entire suggestiveness. The structure of forms which is especially interesting for the artist reveals his horror vacui therefore, he is persistently devoted to each segment of the coloured pigment, construing miniature cones over the flat surface. The encounters of red and greed reveal the passion of his chromatic expression, while his drawings, as a separate artistic branch, show even more inventive approach to the presentation of the vision itself.Oto Bihalji-Merin; Nebojša Bato Tomašević, Enciklopedija naivne umetnosti sveta, Beograd, 1984 His drawing in Indian ink is a special quality within his oeuvre.
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329–330), noting a historical divergence in the authorities regarding the scope of such privilege, stated that it was important therefore to return to the principle underlying the rule, and concluded: "…the purpose and scope of the privilege is still to enable legal advice to be sought and given in confidence. In my judgment, therefore, the test is whether the communication or other document was made confidentially for the purposes of legal advice. Those purposes have to be construed broadly." The judge regarded construing the rule as applying only to communications specifically seeking or conveying advice as too narrow, preferring the following scope (p.
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The Mahayana tradition considers ignorance about the nature of reality and immemorial past lives to be a primordial force, which can only be broken through the insight of Emptiness (sunyata). However, compared to other Buddhist traditions, states Jens Braarvig, Avidyā is not so much emphasized, instead the emphasis on "construing an illusory reality" based on conceptualization when the ultimate reality is Emptiness. Avidya is the greatest impurity and the primary cause of suffering, rebirth. The insight into Emptiness, state Garfield and Edelglass, that is the "lack of inherent nature of all phenomena, including the self, cuts the impurities", an insight into Emptiness yields full awakening.
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Sciabarra's mastery of enormous amounts of material is almost literally incredible. He also manages to break entirely new ground on several different issues." While James G. Lennox thoroughly rejects the author's historical conclusions, and he recommends against construing Rand's method of challenging dichotomies or "false alternatives" as "dialectical," he also writes, "[i]ts author has an encyclopedic familiarity with the writings of Ayn Rand and with virtually everyone who has advocated, commented on, or written critically about Objectivism. [...]. He is the first of her commentators to explore the intellectual milieu of Rand's early, formative years, providing a deeper appreciation for her occasional scathing remarks about Russian culture as she had experienced it.
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However, he ordered it to return to Yogyakarta when Dutch troops refused to allow him and his men to enter the city with their weapons, feeling that such an order violated his sense of honour; the Dutch apologised, construing the events as a misunderstanding. Sudirman took another train in late October, arriving at Gambir Station in Jakarta on 1 November, where he was greeted by large crowds. The discussions in Jakarta resulted in the drafting of the Linggadjati Agreement on 15 November; the agreement was ratified on 25 March 1947, despite heavy opposition from Indonesian nationalists. Sudirman was vocally against the agreement, which he found to be detrimental to Indonesian interests, but considered himself obliged to follow his orders.
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Eventually, with the decline in the Church's political dominance and the implicit dismissal of the earthly realm by the polarisation of the Nature/Grace RGM, this antithesis was secularised, leading to its replacement by a humanistic Nature/Freedom RGM. This may be understood by considering how Enlightenment thought may be aligned with each of two poles. One was the elevation of Nature, the deterministic universe of the natural philosophers; the other was the quest for absolute freedom, the ideal of Romanticism. Dooyeweerd saw how many modernist philosophers struggled to account for both sides of this dualistic RGM, retaining human freedom while construing the Universe as a kind of machine, but without finding a lasting solution.
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There has been much controversy regarding the history of Goguryeo based on Han rule, as it is a borderland between China and Korea. Goguryeo was traditionally viewed in China as a Korean kingdom,. However, the Serial Research Project on the History and Current Status of the Northeast Border Region (also known as the Northeast Project), started in February 2002 by the Center for the Study of Borderland History and Geography of the Chinese Academy of Social Sciences brought attention to Goguryeo, with the aim of construing it as a minority-ruled regime in ancient Chinese territory.Ahn, Yonson. “Nationalisms and the Mobilisation of History in East Asia: The ‘War of History’ on Koguryŏ/Gaogouli.” Internationale Schulbuchforschung, vol.
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On the one hand, it would seem odd that a mere licence could become a legal easement through the section, when the much closer equitable easement could not; on the other hand, construing the section in this way is unnecessary from the perspective of the purchaser, since a right enforceable in equity will be almost as useful as one enforceable at common law.Barnsley (1999). p. 112. An equitable easement when the servient tenement is unregistered is enforceable against a purchaser for value only when properly registered under the terms of the Land Charges Act 1972. Equitable easements arising by virtue of a contract to grant an easement are registerable as either estate contracts or equitable easements.
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I visited Naypyidaw recently, in Burma, they've got six-lane highways and no cars on them. This is a busy, bustling city so inevitably you're going to have challenges." While Cameron's aides stated he didn't intend a jibe at Romney or Salt Lake City, the British press seized upon the "middle of nowhere" remark, construing it as an allusion to Utah where Romney had managed the Olympics in 2002.Crawford, Jan, “Gaffe Olympics: Romney rankles Brits, Cameron also offends”, CBS News (July 26, 2012)Stringer, David, "Romney stirs Olympic tiff as European tour begins", Associated Press (July 26, 2012): "His aides said that was not intended as a jibe at Romney or Salt Lake City.
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Here, Mervyn Davies J. stated (at 965): "I see no ground for … allowing a solicitor to be questioned about what it is he may have received in a professional capacity from a third party. On the contrary, I think that to breach the blanket of privilege in the way suggested would erode to an unacceptable degree the wholesome protection that has been provided by the law for the reasons explained by Lord Brougham in Greenhough v Gaskell [1833]…" The test for legal advice privilege is to establish whether the communication in question was made confidentially for the purpose of legal advice – construing such purposes broadly.Belabel v Air India [1988] Ch. 317. Here, Taylor L.J. (at pp.
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This is achieved by construing the syntactic structures of a syntactic unit as triples consisting of (i) a constituent structure, (ii) a marking structure, and (iii) an intonation structure of the unit. The constituent structure identifies constituents of the unit by associating certain parts of the unit with syntactic constituent categories like Noun form, Verb form, Verb Group etc., and captures the positions of syntactic base forms within the unit. The formal conception of constituent structures developed in IL allows for easy surface treatment of discontinuous constituents (whose proper treatment was a key motivation, in early Generative Grammar, for deep structures) and avoids any restriction to binary branching with its well-known empirical problems.
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The company received unwanted media publicity in the 1980s due to rumors, spread largely by Amway distributors, that the moon-and-stars logo was a satanic symbol. The accusation was based on a particular passage in the Bible, specifically Revelation 12:1, which states: "And there appeared a great wonder in heaven; a woman clothed with the sun, the moon under her feet and upon her head a crown of 12 stars." P&G;'s logo consisted of a man's face on the moon surrounded by 13 stars. Some claimed that the logo was a mockery of the heavenly symbol alluded to in the aforementioned verse, thus construing the logo to be satanic.
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In her first book, The Lay of the Land, Kolodny explores the colonization of America, both in reality and in the realm of metaphor. She examines "the continued repetition of the land-as-woman symbolization in American life and letters" (Kolodny, ix). The projection of female imagery onto the landscape was essential to its colonization, she argued; in her introduction, she asks, "was there perhaps a need to experience the land as a nurturing, giving maternal breast because of the threatening, alien, and potentially emasculating terror of the unknown?" (9) By construing the land as female, she argued, it was possible for the colonists to remove some of the terror and mystery from an unknown land.
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Barwick CJ also gave guidance as to reading laws with respect to section 15A of the Acts Interpretation Act 1901 (Cth). While he noted that there can be an express intention by the Parliament as to the interpretation of the law, he stated that if it is "single and indivisible", it will not be possible to read down the law and provide it with an alternative interpretation. The coexistence of sections 7 and 35(1) meant that it would have had to apply to both all trade, and to only foreign and interstate trade. However, since section 35(1) is a single provision and not a series of paragraphs, Barwick CJ felt that it would be "legislating and not construing" if it were broken up accordingly.
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However, disagreement about what experimental philosophy can accomplish is widespread and several philosophers have offered criticisms. One claim is that the empirical data gathered by experimental philosophers can have an indirect effect on philosophical questions by allowing for a better understanding of the underlying psychological processes which lead to philosophical intuitions.Knobe, J. and Nichols, S. (eds.) (2008) Experimental Philosophy, §2.1, Some analytic philosophers like Timothy Williamson have rejected such a move against 'armchair' philosophy–i.e., philosophical inquiry that is undergirded by intuition–by construing 'intuition' (which they believe to be a misnomer) as merely referring to common cognitive faculties: If one is calling into question 'intuition', one is, they would say, harboring a skeptical attitude towards common cognitive faculties–a consequence that seems philosophically unappealing.
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Construing §1997e(a) narrowly because it is an exception "to the general rule of non-exhaustion in §1983 cases," the Court of Appeals for the Second Circuit reversed the District Court's judgment; the appeals court held that "exhaustion of administrative remedies is not required for [prisoner] claims of assault or excessive force brought under §1983." Section 1997e(a) requires administrative exhaustion of inmates' claims "with respect to prison conditions," but contains no definition of the words "prison conditions." The appeals court found the term "scarcely free of ambiguity." In conflict with the Second Circuit, other Federal Courts of Appeals have determined that prisoners alleging assaults by prison guards must meet §1997e(a)'s exhaustion requirement before commencing a civil rights action.
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It appears from this decision that measures that attempt to obtain a monopoly over a specific label will be deemed technical regulations, but the test is ultimately on a case-by-case basis.Laurens J. Ankersmith, Jessica C. Lawrence, "The future of environmental labelling: US-Tuna II and the scope of the TBT" (2012) 39(1) Legal Issues of Economic Integration, p. 127-147. This decision has been criticised for construing the term "mandatory" too broadly, rendering the distinction between technical regulations and standards meaningless.Keigan Tyler Mull, "Making sense of "mandatory" measures in the TBT Agreement: why the majority panel's determination in U.S. Tuna II rendered the distinction between technical regulations and standards to be meaningless" (2013) 25(2) Georgetown International Environmental Law Review, p. 367-387.
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Deconstructionists, assuming their protean vision of language as "systematic play of differences", claim it is not, and hence deem every reading a "misreading", while analytic aestheticians think otherwise, usually construing the objective work-meaning as "metaphysically fixed in the artwork" and identifying it with the intention of the artist or "semantic features of the work itself".R. Shusterman, Surface and Depth, p. 67. To avoid both these extremes Shusterman proposes a conception of textual meaning inspired by Wittgenstein (and his notion of language games) in which meaning is thought of as a correlate of understanding, the latter term being conceived as "an ability to handle or respond to [something] in certain accepted ways"R. Shusterman, Pragmatist Aesthetics (2000), p. 90.
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Today, 98 percent of federal cases are decided at the appellate level. In 1988, Congress further limited appeals with the Supreme Court Case Selections Act, eliminating the right of appeal from certain state court decisions construing federal law. A similar model holds in most U.S. state judiciaries, with discretionary review only available to the state's supreme court, and the appeals courts bound to hear all appeals. In North Carolina, the supreme court's choice to exercise discretionary review depends not on whether the case was decided correctly with regard to the defendant's guilt, but on whether the particular legal questions raised in the appeal have a public interest, involve important legal principles, or conflict with precedents set by prior supreme courts.
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The criminal offense may not involve actual driving of the vehicle, but rather may broadly include being physically "in control" of a car while intoxicated, even if the person charged is not in the act of driving. For example, a person found in the driver's seat of a car while intoxicated and holding the car keys, even while parked, may be charged with DUI, because he or she is in control of the vehicle. In construing the terms DUI, DWI, OWI, and OVI, some states therefore make it illegal to drive a motor vehicle while under the influence or driving while intoxicated while others indicate that it is illegal to operate a motor vehicle. There is a split of authority across the U.S. regarding this issue.
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The oldest theory is that rights transferred to a voluntary association are held by the current members of the association as joint tenants or tenants in common. This has the result that the member can receive his or her own share (allowing for severance in the case of joint tenants) irrespective of the other members, in the same way that a joint owner of a business can do so. In Bowman v Secular Society this construction was even applied to a gift given to be applied for the general purposes of the association. It is difficult to imagine, however, that this construction would be correctly applied in the case of a philanthropic society, where construing the gift as one to the members would contradict its stated purpose.
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For the Western European women, make-up, bras, and lingerie classified women as sex objects. For the Eastern European women, these items represented the ability to feel beautiful and express individuality. According to Ramet, “in the age of politicized nationalism, the self-proclaimed defenders of ‘the Nation’ reinterpret the community in folk- mythological terms, reducing women to ‘womenfolk’ who need men's protection and construing feminists who dare to challenge the patriarchal agenda of the nationalists as witches.” The results of reactionary, right-wing measures adopted by the new nationalist states are vividly described by Drakulić. “‘We live surrounded by newly opened porno shops, porno magazines, peepshows, stripteases, unemployment and galloping poverty…Romanian women are prostituting themselves for a single dollar in towns on the Romanian-Yugoslav border.
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The basis of the dissent's arguments is "the writer's personal views on 'morals' and 'ethics.' ": > [None of that] throws enough light on the patent statutes to justify its use > in construing these statutes as creating, in addition to a right of recovery > for infringement, a more expansive right judicially characterized as a > "formula" of "contributory infringement." And for judges to rest their > interpretation of statutes on nothing but their own conceptions of "morals" > and "ethics" is, to say the least, dangerous business. If the present case > compelled consideration of the morals and ethics of contributory > infringement, I should be most reluctant to conclude that the scales of > moral value are weighted against the right of producers to sell their > unpatented goods in a free market.
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Peterswald v Bartley [1904] NSWStRp 28; (1904) 4 SR (NSW) 290. The High Court held that the NSW licence fee was not an excise as the fee did not depend on the quantity or value of the goods. Instead the NSW Act was for regulating the trade, including ensuring there was no adulteration of the beer. In delivering the opinion of the Court, Griffith CJ set out a principle that would be refined to the reserved state powers doctrine, stating: > In construing a Constitution like this it is necessary to have regard to its > general provisions as well as to particular sections, and to ascertain from > its whole purview whether the power to deal with such matters was intended > to be withdrawn from the States, and conferred upon the Commonwealth.
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Calling the investigation a "gross abuse of authority", Hughes wrote: > It is clear that the evidence was sufficient to warrant a finding that the > act for which defendant was prosecuted was instigated by the prohibition > agent, that it was the creature of his purpose, that defendant had no > previous disposition to commit it but was an industrious, law-abiding > citizen, and that the agent lured defendant, otherwise innocent, to its > commission by repeated and persistent solicitation in which he succeeded by > taking advantage of the sentiment aroused by reminiscences of their > experiences as companions in arms in the World War.Sorrells, 287 U.S.at 441. He reached his conclusion by construing statutes to mean that Congress wanted to prevent crime, not punish it, therefore entrapment had to be available as a defense.
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George Mitchell was Lord Denning's last judgment in the Court of Appeal before he retired. His dissenting opinion, that was upheld by the House of Lords, was partly a riposte to the last century of common law, dating back at least to Printing and Numerical Registering Co v Sampson(1875) 19 Eq 462 where Lord Jessel MR had propounded freedom of contract as a core public policy. By contrast, Lord Denning thought that the ability of the courts to control unfair terms, now granted through legislation, had made it possible to apply sensible principles when construing contracts. There was no need to twist the meaning of words to reach a fair result, if unfair contract terms could be scrapped on the ground that one party had unequal bargaining power.
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In the United States Brokerage account agreements under Article 8 of the Uniform Commercial Code create a legal relation known as "custodianship", which is distinguished from the traditional concept of a trust. For example, in the context of the Individual Retirement Account (IRA), a brokerage firm distinguishes its custodial account IRAs from trust IRAs when seeking IRS tax approval for an IRA plan which is part of a brokerage account agreement. The treatment of a brokerage account based IRA as a trust for tax purposes is largely a legal fiction. If Article 8 is set aside and the brokerage account is considered purely under principles of common law, there is a possibility of construing the collection of brokerage accounts in the intermediated custodial holding chain as a collection of directed agency nominee trusts.
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Wayne used a parallel logic in construing the first clause of Section 8 of Article I of the Constitution, which qualified the authority of Congress to "lay and collect Taxes, Duties, Imposts and Excises" with a provision that "all Duties, Imposts and Excises shall be uniform throughout the United States." Again, although Article I concerns Congress and Section 9 concerns an authority expressly granted to Congress, Wayne construed uniformity as not only placing a limitation on the exercise of Congressional power but also imposing on the states the duty not to compromise the uniformity of "Duties, Imposts and Excises" collected "throughout the United States." In addition to Wayne's discussion of the constitutional issues, he expounded at length on the alleged history and imputed status of Miln.36 U.S. 102.
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The ruling was issued on March 2, 1821. Having resolved the significant jurisdictional issues, the Court issued a relatively-unremarkable opinion the next day on the merits of the case construing a Congressional statute authorizing a lottery in the City of Washington, District of Columbia. (At the time, the District of Columbia consisted of two cities, the other being Alexandria, which was retroceded to the State of Virginia in the 1840s so that it could keep its role as a major slave market outside the federal capital.) The main issue in the case was the preliminary issue of whether the Supreme Court had jurisdiction to hear an appeal in a criminal case decided by the courts of Virginia. It was argued by Virginia that the U.S. Constitution does not give the Supreme Court appellate jurisdiction over criminal judgments by the state courts.
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A number of other cases demonstrate that in construing the meaning of a statute unrelated to company law, the purpose of the legislation should be fulfilled regardless of the existence of a corporate form. For example, in Daimler Co Ltd v Continental Tyre and Rubber Co (Great Britain) Ltd,Daimler Co Ltd v Continental Tyre and Rubber Co (Great Britain) Ltd [1916] 2 AC 307 the Trading with the Enemy Act 1914 said that trading with any person of "enemy character" would be an offence. So even though the Continental Tyre Co Ltd was a "legal person" incorporated in the UK (and therefore British) its directors and shareholders were German (and therefore enemies, while the First World War was being fought). There are also case based exceptions to the Salomon principle, though their restrictive scope is not wholly stable.
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Most of the exemptions under the CPRA are set forth under Section 6254 and are specific as to certain records or types of records, but under Section 6255 a general exemption exists where, on the facts of the particular case, "the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record". In reviewing the propriety of an agency decision to withhold records, a court is charged with ascertaining whether nondisclosure was justified under either of these statutes. Because the CPRA was modeled after the federal Freedom of Information Act ("FOIA"), 5 U.S.C. Section 552 et seq, courts may look to case law under FOIA in construing the CPRA.See Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325, 1338, 283 Cal. Rptr. 893, 813 P.2d 240 (1991); ACLU v. Deukmejian, 32 Cal.
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The High Court of Australia has shown resistance to privative clauses, holding that the ability of legislatures to insulate administrative tribunals from judicial review by means of such clauses is restricted by the Constitution of Australia,; . particularly section 75(v) which states: There is a further presumption in construing privative clauses that Parliament did not intend to limit access to the courts.. In the High Court decision R v Hickman, ex parte Fox (1945),. Justice Owen Dixon said:Ex parte Fox, p. 615. Thus, a privative clause does not prevent the High Court from exercising judicial review if an authority has failed to exercise power in a bona fide manner, or if the action taken or decision made is irrelevant to the subject manner of the legislation or does not come within the power conferred on the authority.
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The experiential function refers to the grammatical choices that enable speakers to make meanings about the world around us and inside us: :"Most obviously, perhaps, when we watch small children interacting with the objects around them we can see that they are using language to construe a theoretical model of their experience. This is language in the experiential function; the patterns of meaning are installed in the brain and continue to expand on a vast scale as each child, in cahoots with all those around, builds up, renovates and keeps in good repair the semiotic "reality" that provides the framework of day-to-day existency and is manifested in every moment of discourse, spoken or listened to. We should stress, I think, that the grammar is not merely annotating experience; it is construing experience."Halliday, M.A.K. 2003.
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As Sir Alexander Cockburn told the House of Lords in 1863: The 1854 Act therefore sought to put an end to this practice and reverse the jurisprudence in favour of railway operators, returning to the pre-railway age position where the courts were in the habit of construing contracts between individuals and carriers to the disadvantage of the latter. The Act was promoted by Edward Cardwell, the President of the Board of Trade and chairman of the Select committee responsible for the examination of the various amalgamation bills passing through Parliament. The Committee recommended that "Parliament should secure freedom and economy of transit from one end of the kingdom to the other and should compel railway companies to give the public the full advantage of convenient interchange from one railway system to another", and so came about the Railway and Canal Act 1854.
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Conservatives and classical liberals criticize attempts to try to fight poverty by redistributive methods as ineffective, arguing that more serious cultural and behavioral problems lock poor people into poverty. Sometimes right-leaning positions have been criticized by left-leaning people for over- simplifying what is meant by the term equality of outcome and for construing outcomes strictly to mean precisely equal amounts for everybody. In The Guardian, commentator Ed Rooksby criticized the right's tendency to oversimplify and suggested that serious left-leaning advocates would not construe equality to mean "absolute equality of everything". Rooksby wrote that Marx favored the position described in the phrase "from each according to his ability, to each according to his need" and argued that this did not imply strict equality of things, but that it meant that people required "different things in different proportions in order to flourish".
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While Elizabeth I maintained a Protestant church, under her successor James, who unified the Scottish and English Crowns, religious and political tensions grew as he asserted a divine right of Kings.James, The True Law of Free Monarchies (1598) This prompted a series of cases from Sir Edward Coke,Coke had already reported on many significant constitutional judgments, often adding his own style, including Heydon's Case (1584) 76 ER 637, that the task of a court in construing any statute is to find its mischief and the intention of Parliament, and Semayne's Case (1604) 5 Coke Rep 91, that nobody can enter another's property without lawful authority and that "the house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose." See also Calvin's Case that a person born in Scotland is entitled to all rights in England.
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Another definition which shows the different aspects of genre theory is Miller who defines genres as "typified rhetorical actions" that respond to recurring situations and become instantiated in groups' behaviors. Genre evolves as "a form of social knowledge—a mutual construing of objects, events, interests and purposes that not only links them but makes them what they are: an objectified social need". This view sees genres not as static forms but, rather, as "forms of ways of being ... frames for social action ... environments for learning ... locations within which meaning is constructed" (Bazerman), suggesting that different communities use different means of communication to accomplish their objectives. To try to show the importance of the context in genre an example is used about a particular part of the genre theory—speech genres; but it is important to stress that context is really important in all situations.
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" While agreeing to the importance of examining American slavery, they objected to the portrayal of slavery as a uniquely American phenomenon, to construing slavery as a capitalist venture despite documented anti-capitalist sentiment among many Southern slaveholders, and to presenting out-of-context quotes of a conversation between Abraham Lincoln and "five esteemed free black men." The following month, Times editor Jake Silverstein replied with notes from the research desk, concluding that the scholars had requested the inclusion of additional information, rather than corrections to existing information. In January 2020, historian Dr. Susan Parker, who specializes in the studies of Colonial United States at Flagler College, noted that slavery existed before any of the 13 Colonies. She wrote in an editorial in The St. Augustine Record that "The settlement known as San Miguel de Gualdape lasted for about six weeks from late September 1526 to the middle of November.
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Cliodhna O'Connor and Helene Joffe examine how traditional media, blogs, and their comment sections autonomously project prevailing understanding of sex differences (emotion-rationality dualism and traditional role divisions) onto mute findings, construing men as purely rational and women as highly emotional, noting how both social representation theory and system justification theory may be causing bias in the interpretation of these findings. The findings of their study showed significant scope for parties to apply their own personal and cultural agendas onto the findings, and share these through blogs and comments. In projecting prevailing stereotypes on the mute findings, we have a prime example of how neurosexism can arrive in stages outside the domain of science, raising further concerns for the feminist camp for whilst we can apply the necessary checks and balances in the method of our science, once the information is in the public consciousness they can manipulate and construe research however they see fit.
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The permissive responsum on homosexuality used the Conservative movement's approach to niddah as an analogy for construing the Biblical prohibition against male homosexual conduct narrowly and lifting restrictions it deemed Rabbinic in nature. The responsum indicated it would be making a practical analogy between an approach in which male homosexual couples would be on their honor to refrain from certain acts and its approach to niddah: The responsum enjoined young people not to be "promiscuous" and to prepare themselves for "traditional marriage" if possible, while not explicitly lifting or re- enforcing any express strictures on non-marital heterosexual conduct. Even before this responsum, strictures on pre-marital sex had been substantially ignored, even in official circles. For example, when the Jewish Theological Seminary of America proposed enforcing a policy against non-marital cohabitation by rabbinical students in the 1990s, protests by cohabiting rabbinical students resulted in a complete rescission of the policy.
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Assuming arguendo an agent willing to act corruptly, it would be far easier and less detectable to fabricate the evidence necessary to get an ordinary criminal wiretap than to fabricate a national security reason to use FISA". McCarthy believes that over time, the U.S. Justice Department misinterpreted FISA to believe that criminal investigations could not be undertaken under FISA, but "began construing the certification not as a mere announcement of purpose but as something more restrictive: a substantive limitation on the use of FISA evidence in criminal cases". McCarthy then explains that the Foreign Intelligence Surveillance Court of Review found that ""clearly did not preclude or limit the government's use ... of foreign intelligence information, which included evidence of certain kinds of criminal activity, in a criminal prosecution." McCarthy then notes the practical consequences of the U.S. DoJ's misinterpretation of FISA: :The best known pernicious consequence of all this occurred in August 2001.
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After the decision (which has been followed), English law has suggested a court cannot lift the corporate veil except when construing a statute, contract or other document; if a company is a "mere façade" concealing the true facts or when a subsidiary company was acting as an authorised agent of its parent, and apparently not so just because "justice requires" or to treat a group of companies as a single economic unit. In the case of tort victims, the House of Lords suggested a remedy would, in fact, be available. In Lubbe v Cape plc[2000] 1 WLR 1545 Lord Bingham held that the question of proving a duty of care being owed between a parent company and the tort victims of a subsidiary would be answered merely according to standard principles of negligence law: generally whether harm was reasonably foreseeable. In Chandler v Cape plc, it was held that the corporate veil was not relevant in tort cases, thus effectively circumventing Adams.
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Helms, where it was stated that "[l]awful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system." Represented by students in Georgetown University Law Center's Appellate Litigation Program, in 2014 Schnitzler challenged Walton's decision in the Court of Appeals for the DC Circuit, before Chief Judge Merrick B. Garland and Circuit Judges Robert L. Wilkins and Douglas H. Ginsburg. The ruling first disagreed that Schnitzler lacked standing to challenge the renunciation statutes, stating that as he remained a citizen against his wishes, he had grounds to seek redress against what he viewed as an injury. The ruling further criticized the lower court for construing Schnitzler's filings as a motion for a writ of mandamus and concluding that USCIS' response meant he had obtained the relief he sought, and for stating that Schnitzler had no standing to challenge USCIS' policy either.
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The case reached the U.S. Supreme Court and resulted in a notable 1948 decision construing the scope of the commerce clause. In June 1945, Sarah Elizabeth Ray and 12 other female workers involved in the war effort (and referred to as "girls" during the legal proceedings) took part in a sponsored trip to Boblo Island. Ray was removed from the boat because she was not white, enforced according to a Bob- Lo company policy "excluding so-called 'zoot-suiters', the rowdyish, the rough, and the boisterous, and it also adopted the policy of excluding colored." The company had claimed it could exclude her because it was a private concern operating in another country and that neither Michigan nor any other state had authority to regulate commerce with Canada (a foreign country); the United States Supreme Court affirmed the Michigan Supreme Court, which had upheld the jurisdiction of the state's anti-discrimination provisions and found against the company.
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The Mackinac Bridge Authority was created in 1950 to study the feasibility of constructing a suspension bridge to connect Michigan's Lower Peninsula with its Upper Peninsula The MBA was empowered by legislation in 1952 "to issue revenue bonds 'for the purpose of paying for the cost of a bridge' ". The authority managed the bridge's construction from 1954 until 1957, and has overseen the operation of the bridge since its opening on November 1, 1957, although the authority was originally scheduled for dissolution in 1986 after the last of the bonds were to be paid in full. Over the course of 2004 and 2005, the Michigan Department of Transportation (MDOT) Director Gloria Jeff made moves to challenge the independence of the authority against previous practices claiming that the authority is not an independent agency. In 2004, Jeff moved $25 million from the authority to the Michigan Treasury construing that the Michigan State Treasurer is the authority's treasurer.
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Assuming arguendo an agent willing to act corruptly, it would be far easier and less detectable to fabricate the evidence necessary to get an ordinary criminal wiretap than to fabricate a national security reason to use FISA". McCarthy believes that over time, the U.S. Justice Department misinterpreted FISA to believe that criminal investigations could not be undertaken under FISA, but "began construing the certification not as a mere announcement of purpose but as something more restrictive: a substantive limitation on the use of FISA evidence in criminal cases". McCarthy then explains that the Foreign Intelligence Surveillance Court of Review found that ""clearly did not preclude or limit the government's use ... of foreign intelligence information, which included evidence of certain kinds of criminal activity, in a criminal prosecution." McCarthy then notes the practical consequences of the U.S. DoJ's misinterpretation of FISA: :The best known pernicious consequence of all this occurred in August 2001.
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He asserts that liberalism and democracy do not necessarily have to go hand in hand in Asia. With nationhood being a new phenomenon and liberalism lacking deep historical roots in much of Asia, he questioned what other values instead of those of liberalism might be promoted in these regions, and analyzed dynamics that surround construing national ideologies in communitarian terms. In this way, he revealed how social practices in parts of Asia disrupt the global hegemony of liberalism. In Communitarian Ideology and Democracy in Singapore for instance, a book that radically reoriented the analysis of politics in Singapore, he demonstrated that the undisrupted reign of People’s Action Party (PAP) was based on its ability to develop and maintain a Gramscian sense of ideological hegemony, since the mid-1970s, rather than on authoritarianism. This ideological hegemony had enabled the Party to shift towards the concept of ‘Asian democracy’, an attempt to supplant liberalism with ‘Asian’ communitarism.
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More recently in The Achilleas the majority of the House of Lords preferred to express the remoteness rule as one of construing the contract to reflect the parties' "background of market expectations". Transfield Shipping returned The Achilleas late to its owner, Mercator, which led Mercator to lose a lucrative contract with Cargill that would make over $1.3 million, an occurrence that was plainly a natural consequence of the breach and easily foreseeable. Yet because the standard practice and expectation in the shipping industry was that if a ship were returned late only the ordinary sum for hire would be due, this was the limit on recovery.See also The Heron II [1967] UKHL 4, [1969] 1 AC 350 and H Parsons (Livestock) Ltd v Uttley Ingham & Company Ltd [1977] EWCA Civ 13, [1978] QB 791 It is also possible to lose one's entitlement to damages if steps are not taken to mitigate further losses, that any prudent person would, rather than sitting back and letting losses run up.
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See for example Leahy v Attorney General for New South Wales [1959] AC 457 However, the courts have usually tried to avoid such a result by construing the gift as a gift to the members of the unincorporated association.See for example, Re Lipinski's Will Trusts [1976] Ch 235, where such a gift was upheld, even though the testator expressed that it was for a specific non-charitable purpose. The difficulty is that such a gift would then have to be construed as a distributive gift to the individual members, rather than a purposive gift for the objects of the unincorporated association. In Re Recher's Will Trust [1972] Ch 526 a more purposive approach was taken, and Brightman J held that a gift to The London and Provincial Anti-Vivisection Society was to be construed as a beneficial gift in favour of the members, not so as to entitle them to an immediate distributive share, but as an accretion to the funds of the society subject to the contract of the members as set out in the rules.
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In Becke v Smith (1836) Parke, J (later Lord Wensleydale) stated: > It is a very useful rule in the construction of a statute, to adhere to the > ordinary meaning of the words used, and to the grammatical construction, > unless that is at variance with the intention of the legislature, to be > collected from the statute itself, or leads to any manifest absurdity or > repugnance, in which case the language may be varied or modified, to avoid > such inconvenience, but no farther. Twenty years later, Lord Wensleydale restated the rule in different words in the House of Lords case Grey v Pearson (1857): > [I]n construing wills, and indeed statutes and all written instruments, the > grammatical and ordinary sense of the words is to be adhered to, unless that > would lead to absurdity or some repugnance or inconsistency with the rest of > the instrument, in which case the grammatical and ordinary sense of the > words may be modified so as to avoid that absurdity or inconsistency, but no > further.
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The opinion notes that not every work produced by legislators is ineligible for copyright protection and that the government edicts doctrine shields only works that are (1) created by judges and legislators (2) in the course of their judicial and legislative duties. While observing that annotations created by judges are not copyrightable while those created by legislators are, she highlights the difference between the roles of the two- while the judiciary is assigned the duty of interpretation and application of the law,Massachusetts v. Mellon, 262 U. S. 447, 488 (1923) and at times making applicable law, the legislature on the other hand is assigned the role of making laws, instead of construing the statutes after they are enacted. Justice Ginsburg held that the annotations in the OCGA are not done in a legislative capacity because: First, the annotations are not created contemporaneously with the statutes and merely a commentary on the statutes that have already been enacted. This sets the OCGA annotations apart from uncopyrightable legislative materials like committee reports, generated before a law’s enactment, and tied tightly to the task of law-formulation.
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Federal Election Commission (2010), a U.S. constitutional law case concerning the regulation of independent political expenditures by corporations, which the nonprofit organization Citizens United challenged on the grounds of purportedly violating the First Amendment's freedom of speech. The We the People Amendment would establish that constitutional rights are reserved for natural persons only, that artificial entities — corporations, limited liability companies, and other incorporated entities established by the laws of any state, the United States, or any foreign state — have no rights under the Constitution and are subject to regulation through federal, state, or local law, and further establishes that privileges of such entities cannot be construed as inherent or inalienable. It would require federal, state, and local governments to regulate, limit, or prohibit political contributions or expenditures, including those made by a candidate, and would require any permissible political contributions and expenditures to be publicly disclosed. It would also prohibit the courts from construing the spending of money to influence elections as a form of protected speech under the First Amendment or from holding that the amendment would abridge the freedom of the press.
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